Marin County Municipal Code Ch. 7.82 Certified Unified Program Agency (cupa) Hazardous Materials Business…

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Editor's note— Ord. No. 3525, § III, adopted Oct. 6, 2009, amended Ch. 7.82 in its entirety to read as herein set out. Former Ch. 7.82, §§ 7.82.005—7.82.125, pertained to similar subject matter and derived from Ord. No. 3490, § 2(part), adopted 2008.

This chapter shall be known as "Hazardous Materials Business Plan and the California Accidental Release Prevention Program".

(Ord. No. 3525, § III, 2009)

It is the purpose of this chapter to incorporate and implement Division 20, Chapters 6.95 and 6.11 of the California Health and Safety Code and Title 19, Division 2, Chapter 4, Article 4 of the California Code of Regulations which establishes standards and procedures regarding the reporting of the location, type, quantity and health risks of hazardous materials handled, used, stored or disposed of within the unincorporated area of Marin County, and within the incorporated territory of each municipality within Marin County. Chapter 6.95 of the California Health and Safety Code also establishes the authority for the regulation and permitting of facilities engaged in such activities. It is also the purpose of this chapter to establish the procedures for the enforcement of these laws.

(Ord. No. 3525, § III, 2009)

Except as otherwise provided, the director, or his/her designee, is charged with the responsibility of administering this chapter, and shall be authorized from time to time to promulgate and enforce such rules or regulations consistent with the purposes, intent and express terms of this chapter as he or she deems necessary to implement such purpose, intent and express terms. No rules or regulations promulgated by the director or amendments thereof shall be enforced or become effective until thirty calendar days following the date on which the proposed rules or regulations are filed with the clerk of the board of supervisors.

(Ord. No. 3525, § III, 2009)

Except as expressly provided to the contrary, those terms referred and defined by Sections 25501 through 25501.4 and 25532 of the California Health and Safety Code shall be ascribed the same meaning as used in this chapter.

A. "Administrative enforcement order (AEO)" includes any of the order variations including the expedited consent order, draft unilateral order, stipulation and order and unilateral order.

B. "Business" means an employer, self-employed individual, trust, firm, joint stock company, corporation, partnership or association. For purposes of this chapter, "business" includes a business organized for profit and a nonprofit business.

C. "Board" means the Board of Supervisors for Marin County.

D. "California Code of Regulations" means Title 19, Division 2, Chapter 4 of the California Code of Regulations.

E. "Certified unified program agency (CUPA)" means the agency certified by the secretary to implement the unified program specified in Chapter 6.11 of the California Health and Safety Code. The Public Works Department for Marin County is the CUPA for both the incorporated and unincorporated areas of Marin County.

F. "County" means the County of Marin, or Marin County.

G. "Director" means the Director of the Public Works Department for Marin County, or his/her designee.

H. "Health and Safety Code" means Chapter 6.95 of the California Health and Safety Code.

I. "Operator" means any person in control of, or having daily responsibility for, the daily operation that results in the storage and/or management of hazardous materials.

J. "Owner" means the owner of a facility that stores and/or manages hazardous materials.

K. "Permitting authority" means the Board of Supervisors for Marin County or its designee.

L. "Person" means an individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, limited liability company, or association. "Person" also includes any city, county, district, the state, federal government, or any department or agency thereof.

M. "Public works department" means the Public Works Department for Marin County.

N. "Secretary" means the Secretary of the California Environmental Protection Agency.

(Ord. No. 3525, § III, 2009)

Except as otherwise expressly provided by this chapter, all requirements, limitations and exemptions contained in Article 1 (commencing with Section 25501) and Article 2 (commencing with Section 25531) of Chapter 6.95 of the Health and Safety Code as under this chapter, are hereby incorporated herein by reference. The public works department, as a CUPA, is hereby designated pursuant to subdivision (a)(1)(C) of Section 25404 of the Health and Safety Code as the agency responsible for implementation and enforcement of Chapter 6.95 (commencing with Section 25500), and the regulations adopted pursuant thereto.

(Ord. No. 3525, § III, 2009)

A. No person shall own or operate a business within the County of Marin that stores or manages hazardous materials in quantities that are in excess of threshold levels stipulated in Sections 25503.5, 25534 and 25535.1 of the Health and Safety Code unless by authority of a valid permit for such ownership or operation issued to the owner or operator pursuant to the provisions of this chapter.

B. Such operating permit is site, business and owner specific and may not be transferred to other owners or locations. Any person assuming ownership of a business as described in this section for which a valid operating permit has been previously issued shall have thirty days after the date of assumption of ownership to apply for a new operations permit. During the period from the date of application until the permit is issued or refused, the person shall not be held to be in violation of this section.

C. This section does not obviate the requirement to obtain valid permits pursuant to Titles 16 and 19 of this Code, or compliance with other applicable ordinances, including, but not limited to the Marin County Zoning Code.

(Ord. No. 3525, § III, 2009)

All applications for a permit under this chapter shall be filed with the director.

(Ord. No. 3525, § III, 2009)

Application for a permit under this chapter, including application for renewal or extension of a permit, shall be filed on a form or forms provided by and containing such information as prescribed by the director.

(Ord. No. 3525, § III, 2009)

The permitting authority hereby designates the director as its designee for issuance of permits.

(Ord. No. 3525, § III, 2009)

An operating permit will not be issued or renewed if the director, upon inspection of the business or facility, determines that it does not comply with the provisions of Article 1 (commencing with Section 25501) and Article 2 (commencing with Section 25531) of Chapter 6.95 of the Health and Safety Code and of this chapter. An operating permit may not be issued if the applicant has not paid the local fees, state surcharges or any other charges assessed pursuant to Chapter 7.80 of Title 7 of this Code and Section 7.82.080 of this chapter.

(Ord. No. 3525, § III, 2009)

Permits issued pursuant to this chapter shall be subject to such conditions as the public works department determines are necessary to comply with the provisions of Article 1 (commencing with Section 25501) and Article 2 (commencing with Section 25531) of Chapter 6.95 of the Health and Safety Code and of this chapter.

(Ord. No. 3525, § III, 2009)

The term of an operating permit issued pursuant to the provisions of this chapter shall be from the date issued until December 31st of the year in which permit was issued.

(Ord. No. 3525, § III, 2009)

Any permit issued pursuant to this chapter may be revoked, modified or suspended, by the director during its term, upon one or more of the following grounds:

A. Violation of any of the terms or conditions of the permit, including nonpayment of fees;

B. Obtaining the operating permit by misrepresentation or intentional failure to fully disclose all relevant facts;

C. A change in any condition that results in or requires modification or termination of the operation of the facility; or

D. Violation of any provision of this chapter, including the state laws and regulations incorporated by reference in this chapter.

(Ord. No. 3525, § III, 2009)

The director may revoke, modify or suspend an operating permit by issuing a written notice stating the reasons therefore, and serving same together with a copy of the provisions of this chapter, upon the holder of the permit. The revocation, modification or suspension shall become effective fifteen days after service of the notice, unless the holder of the permit enters into a settlement agreement with the director or appeals the notice in accordance with the provisions of Section 7.82.125 of this chapter.

(Ord. No. 3525, § III, 2009)

A business which operates or conducts an enterprise at more than one address or location shall apply for and comply with all requirements necessary to obtain a separate permit issued pursuant to this chapter for each location where an enterprise is maintained. Each place where a different street address is assigned to an enterprise shall be deemed to constitute a prima facie separate location. With respect to an enterprise conducted at a single location whose operation involves the handling of different and multiplicity of types of hazardous materials in functions which are different from each other, or involves functions that are separated by significant physical distances, the public works department may, in its discretion, require more than one permit and as many permits as it deems necessary and appropriate to effectively administer the provisions of this chapter.

(Ord. No. 3525, § III, 2009)

Fees for the permits and other regulatory functions associated with this chapter are prescribed by Section 7.80.025, Chapter 7.80 of Title 7 of this Code.

(Ord. No. 3525, § III, 2009)

A. Pursuant to notice and public hearing given in connection with the enactment of this chapter the Marin County Department of Public Works, under subdivision (c)(3) of Section 25503.5 of Chapter 6.95 of the Health and Safety Code, has found that the following substances would not pose a present or potential danger to the environment or to human health and safety if released into the environment. Therefore, the following substances warrant exemption from provisions of this chapter and Chapter 6.95 of the Health and Safety Code provided that they are not stored in a friable, powdered, or finely divided state:

1. Lead;

2. Silver.

B

Pursuant to notice and public hearing given in connection with the enactment of this chapter, the Marin County Department of Public Works under subdivision (c)(3) of Section 25503.5 of the Health and Safety Code, has found that the following hazardous materials, under stated circumstances, would not pose a present or potential danger to the environment or to human health and safety if released into the environment. Therefore, the following hazardous materials warrant exemption from provisions of this chapter and Chapter 6.95 of the Health and Safety Code:

1. Helium gas used for inflation of balloons and stored in quantities of not more than two thousand cubic feet at standard temperature and pressure.

2. Carbon dioxide gas used for carbonation of beverages and stored in quantities of not more than six thousand cubic feet at standard temperature and pressure.

(Ord. No. 3525, § III, 2009)

Pursuant to subdivision (c)(3) of Section 25503.5 of the Health and Safety Code, a business may, upon application to the director, request to be exempted from any portion of this chapter.

(Ord. No. 3525, § III, 2009)

It shall be unlawful for any person to violate any provision of Article 1 (commencing with Section 25501) and Article 2 (commencing with Section 25531) of Chapter 6.95 of the California Health and Safety Code and of this chapter. Each and every day a violation of Article 1 (commencing with Section 25501) and Article 2 (commencing with Section 25531) of Chapter 6.95 of the Health and Safety Code and of this chapter continues shall constitute a separate offense. The person committing or permitting such offenses may be charged with a separate offense for each such violation and punished accordingly. Any violation of this chapter, or of Chapter 6.5 (commencing with Section 25280 of the Health and Safety Code) constitutes a public nuisance and may be abated as such, the remedies and penalties provided by this chapter shall be in addition to any other remedies and penalties provided by law including remedies pursuant to Marin County Code Chapter 1.05.

(Ord. No. 3525, § III, 2009)

A. Pursuant to Section 25404.1.1 of the Health and Safety Code, if the director determines that a person has committed, or is committing, a violation of any law, regulation, permit, information request, order, variance, or other requirement that the director is authorized to enforce or implement pursuant to this chapter, the director may issue an administrative enforcement order requiring that the violation be corrected and imposing an administrative penalty as specified in Section 7.82.105 hereof.

B. By written policy, the director shall adopt procedures for implementing administrative enforcement actions. Such procedures shall contain those elements required by, and shall be consistent with, the provisions of Section 25404.1.1 of the Health and Safety Code or any successor statute thereto. The administrative enforcement procedures adopted shall not be exclusive, but are cumulative with all other remedies available by law and under this chapter.

(Ord. No. 3525, § III, 2009)

A. Criminal, civil and administrative penalties as specified in Article 1 (commencing with Section 25501) and Article 2 (commencing with Section 25531) of Chapter 6.95 of the Health and Safety Code apply to violations defined by Section 7.82.095 of this chapter.

B. Any person who violates the requirements of Section 7.82.030 of this chapter shall be guilty of a misdemeanor, punishable by fine not to exceed one thousand dollars, or by imprisonment for a period not exceeding six months, or both.

(Ord. No. 3525, § III, 2009)

When any person has engaged in, is engaged in, or threatens to engage in, any acts or practices which violate this chapter, or any resolution, rule or regulation adopted pursuant to this chapter, the Office of the County Counsel for Marin County, or those parties as specified in Section 25299.02 of the Health and Safety Code, may apply to any court of competent jurisdiction for an order enjoining those acts or practices, or for an order directing compliance.

(Ord. No. 3525, § III, 2009)

A. The director may issue a cease and desist order requiring the owner or operator of any facility, or any other person responsible for any violation of this chapter, to take any of the following actions:

1. Immediately discontinue any prohibited discharge of hazardous waste or hazardous substance.

2. Immediately discontinue any other violation of this chapter.

3. Satisfactorily remediate the area affected by the violation.

B. The director may issue an administrative enforcement order, as specified in Section 7.82.100, if it has been determined that an owner or operator has not complied with any or all provision(s) of a previously issued cease and desist order.

(Ord. No. 3525, § III, 2009)

Whenever the term "hearing authority" is utilized in this chapter, it shall be deemed to refer to one or more persons listed below who is assigned the responsibility of conducting a hearing:

A. County management personnel whom the county executive finds are qualified by training and experience to conduct such hearings;

B. Any person or persons, qualified by training or experience, who the county executive may employ or who are retained by contract to conduct such hearings; or

C. Administrative law judges assigned to the State of California Office of Administrative Hearings. The county executive is hereby authorized to contract in the name of the county for the retention of hearing services at rates which do not exceed financial limitations established by the county's annual budget.

(Ord. No. 3525, § III, 2009)

Pursuant to subdivisions (d) through (h) of Section 25404.1.1 of the Health and Safety Code, any person served with an order pursuant to this chapter who has been unable to resolve any violation with the director, may within fifteen days after service of the order, request a hearing by filing a notice of defense with the director.

If an appeal is not filed within the time or in the manner prescribed above, the right to review of the action against which the complaint is made shall be deemed to have been waived.

(Ord. No. 3525, § III, 2009)